《THEORY OF INTERNATIONAL LAW》求取 ⇩

PART Ⅰ：THE DEVELOPMENT OF INTERNATIONAL LAW SINCE THE GREAT OCTOBER SOCIALIST REVOLUTION1

Chapter 1．The International Legal Ideas of the October Revolution and the Making of Contemporary International Law3

A．The Principles of Socialist Internationalism4

B．The Principles of Equality and of Self-Determination of Nations7

C．The Principles of Peaceful Coexistence14

Chapter 2．Peaceful Coexistence and General International Law.The Influence of the Breakup of the Colonial System21

A．The Unfoundedness of the Theory That the Developmental Base of International Law Is Contracting22

B．Peaceful Coexistence of States with Different Social Systems and General International Law35

Chapter 3．Mbdification of the Fundamental Principles of International Law During the Period of Coexistence of the Two Systems49

A．The Emergence of New Principles of International Law49

(1)The principle of nonaggression49

(2)The principle of peaceful settlement of disputes57

(3)The principle of self-determination of peoples60

(4)The principle of peaceful coexistence69

(5)The principle of disarmament75

(6)The principle of respect for human rights79

(7)The prohibition of war propaganda83

B．The Development and Strengthening of the Old Democratic Principles of International Law86

PART Ⅱ：THE PROCESS OF FORMING NORMS OF CONTEMPORARY GENERAL INTERNATIONAL LAW89

Chapter 4．The Basic Processes of Forming Norms of International Law91

A．International Treaties91

(1)Treaties between states91

(2)Treaties between states concluded within the framework of international organizations102

(3)Regulations adopted by specialized international organizations103

(4)Treaties of international organizations106

B．International Custom113

(1)Elements of a customary norm of international law113

(2)A customary norm as the result and embodiment of tacit consent.The operative sphere of a customary norm123

C．Treaty and Custom in Contemporary International Law133

(1)The predominant role of the treaty in the development of international law133

(2)The international treaty and general international law137

(3)The interaction of treaty and custom142

D. The Principles of Jus Cogens147

Chapter 5．Subsidiary Processes of Forming Norms of International Law161

A．Resolutions of the United Nations General Assembly162

B．Recommendations of Specialized International Organizations176

C．Decisions of the International Court and of International Arbitration Tribunals179

D．National Legislation and Decisions of National Judicial Instances184

Chapter 6．Doctrine and the Opinions of Social Organizations186

A．International Legal Doctrine186

B．Opinions and Resolutions of Social and Scientific Organizations187

Chapter 7．The Problem of"General Principles of Law"190

PART Ⅲ：THE LEGAL NATURE AND ESSENCE OF CONTEMPORARY GENERAL INTERNATIONAL LAW205

Chapter 8．The Legal Nature of Agreement as the Mode of Creating Norms of International Law207

A．The Bourgeois Doctrine of"Agreement"207

B．Agreement as the Result and the Embodiment of the Concordance of the Wills of States211

C．The International Legal Positions of States and Concordant Wills Reflected in Norms of International Law216

D．The Unfoundedness of the Concept of the"Fundamental Norm"218

Chapter 9．The Character and Essence of Contemporary General International Law225

A．Bourgeois Science on the Social Nature of International Law225

B．The Societal Laws of the Development of International Law232

(1)The laws of societal development and international law232

(2)The unfoundedness of the bourgeois concept of ubi societas ibi jus237

(3)International law and international organization239

C．Modification of the Character and Essence of General International Law During the Past Half-Century243

(1)Fundamental changes in general international law since the Great October Socialist Revolution243

(2)The position of bourgeois practice and doctrine on the question of changes in international law255

D．The Question of an"Intermediate Status" Between War and Peace265

PART Ⅳ：INTERNATIONAL LAW,FOREIGN POLICY,AND DIPLOMACY271

Chapter 10．The Influence of Foreign Policy and Diplomacy Upon the Development of International Law273

Chapter 11．The Influence of International Law on Foreign Policy and Diplomacy279

Chapter 12．International Law as a Support for Foreign Policy293

PART Ⅴ：THE LEGAL NATURE OF CONTEMPORARY GENERAL INTERNATIONAL ORGANIZATIONS303

Chapter 13．The Laws of Societal Development and International Organizations305

A．The Internationalization of Economic Life and International Organizations308

B．Coexistence of the Two Opposed Social Systems and International Organizations311

C．The Breakup of the Colonial System and International Organizations315

D．The Existence of Sovereign States and International Organizations319

Chapter 14． The Basic Features of the Legal Nature of General International Organizations.The Charter as the Basis of an Organization's Activity322

A．Charters of International Organizations:Treaties or Constitutions?322

B．The Jurisdiction of International Organizations326

(1)The concept of"inherent jurisdiction"327

(2)The concept of"implied powers"331

C．Amending the Charters of International Organizations336

Chapter 15．The Basic Features of the Legal Nature of Contemporary General International Organizations(continued)344

A．The Interstate Character of General International Organizations344

(1)The principle of the equality of states in international organizations344

(2)The right to withdraw from an international organization349

B．International Organizations as Organs of Peaceful Coexistence351

C．The International Legal Personality of International Organizations357

(1)The legal basis and extent of the legal personality of international organizations359

(2)The legal personality of international organizations and third states364

Chapter 16．The Problem of a World State and Prospects for the Development of International Organizations366

A．Bourgeois Concepts of a World State366

B．Marxism and the Problem of a World State372

C．Ways of Strengthening the United Nations377

PART Ⅵ：THE GENERAL CHARACTER AND FORMS OF STATE RESPONSIBILITY UNDER INTERNATIONAL LAW381

Chapter 17．The Character of State Responsibility Under International Law Before the Great October Socialist Revolution385

Chapter 18．State Responsibility Under Contemporary International Law396

A．The Concept of the International Legal Criminal Responsibility of a State396

B．Some New Aspects of State Responsibility404

(1)Prohibition of the use of force and state responsibility404

(2)Subjects of legal relations in instances of international legal state responsibility415

(3)Types and forms of state responsibility in contemporary international law420

PART Ⅶ：INTERNATIONAL LAW IN RELATIONS BETWEEN THE COUNTRIES OF THE WORLD SYSTEM OF SOCIALISM427

Chapter 19．Socialist International Legal Principles and Norms431

Chapter 20．Principles and Norms of General International Law in Relations Between States of the World Socialist System444

Bibliography of Published Works of G.I.Tunkin:1938-1973449

Glossary of International Legal Terms467

Table of Treaties and of United Nations General Assembly Resolutions473

Index485